open society justice initiative v cameroon communication 290 of 2004 2006 achpr 72 25 may 2006

open society justice initiative v cameroon communication 290 of 2004 2006 achpr 72 25 may 2006

The matter was resolved through an amicable settlement in which the respondent agreed to drop charges, release equipment, and process the license application fairly. The complainant agreed to discontinue the communication, and negotiations on compensation were ongoing. The Commission closed the file accordingly.

Citation
open society justice initiative v cameroon communication 290 of 2004 2006 achpr 72 25 may 2006
Parties
Complainant: Open Society Justice Initiative (on behalf of Pius Njawe Noumeni); Respondent: Government of Cameroon
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
25 May 2006
Procedural Posture
Communication (human Rights Complaint) / Amicable Settlement; File Closed
Outcome
file closed due to amicable settlement
Legal Topics
Freedom of Expression, Media Licensing, Arbitrary Administrative Action, Compensation for Rights Violations
Source Language
English
Human Rights Law Administrative Law Freedom of Expression Media Licensing Arbitrary Administrative Action Compensation for Rights Violations

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Parties

Open Society Justice Initiative (on behalf of Pius Njawe Noumeni)

Complainant

Government of Cameroon

Respondent

Procedural Posture

Communication (human Rights Complaint) / Amicable Settlement; File Closed

Legal Issues

  1. 1 Whether the refusal to grant a radio broadcasting license and the subsequent sealing of premises violated the African Charter on Human and Peoples’ Rights
  2. 2 Whether the administrative practices of the Ministry of Communications were arbitrary, discriminatory, or politically motivated
  3. 3 Whether the complainant was entitled to compensation for violations of rights

Ratio Decidendi

The matter was resolved through an amicable settlement in which the respondent agreed to drop charges, release equipment, and process the license application fairly. The complainant agreed to discontinue the communication, and negotiations on compensation were ongoing. The Commission closed the file accordingly.

Court Disposition

file closed due to amicable settlement

Orders

  • Parties to forward written copy of the amicable settlement to the Secretariat for inclusion in the file